Sasaki v. Fukushima

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-APR-2026 07:56 AM Dkt. 13 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

MARYANN SASAKI, Plaintiff-Appellee, v. DOREEN FUKUSHIMA, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)

Upon review of the record, it appears that self- represented Defendant-Appellant Doreen Fukushima appeals from a March 9, 2026 "Order Denying Defendant Doreen Fukushima, M.D.'s Motion to Recuse Judge Lisa W. Cataldo Pursuant to Rule 2.11 of the Hawai i Revised Code of Judicial Conduct," entered in the Circuit Court of the First Circuit.

The court lacks appellate jurisdiction because the Circuit Court has not entered a final, appealable order or judgment, see Hawai i Revised Statutes (HRS) § 641-1(a) (2016); Hawai i Rules of Civil Procedure Rules 54(b), 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338 (1994), and the order appealed-from is not independently appealable under the collateral order or Forgay1 doctrines, nor has the Circuit Court granted leave to file an interlocutory appeal under HRS § 641-1(b). See Greer v. Baker, Hawai i 249, 253, 369 P.3d 832, 836 (2016) (setting forth the Forgay v. Conrad, 47 U.S. 201 (1848).

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER requirements for appealability under the collateral-order doctrine and the Forgay doctrine); HRS § 641-1(b) (specifying requirements for leave to file interlocutory appeal).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai i, April 14, 2026.

/s/ Karen T. Nakasone Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Kimberly T. Guidry Associate Judge